Resolution 1999-356P~SOLUT!ON
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A REFUSE AND RECYCLING CONDITIONAL USE "14"
IN THE "I" INDUSTRIAL ZONING DISTRICT PURSUANT
TO SECTION 2.2.16.3 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the Stale of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations u are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a ~ensive Zoning Ordinance establishing regulations for lhe
zoning of particular geographic divisions of the County, nmong which is the granting of Conditional
Uses; srgl
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning beard for the area bereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use "14" of Section
2.2.16.3 in an 'T' Induslrial Zone for Refuse and Recyling on the propony hereinafter described, and
has found as a matter of fact (Exhi'bit "A") that satisfactory provision and arrangement have been made
concerning all applicable mailers required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Developmere Code for the Collier County Planning Commission; and
~, all interesl~ parlies have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
The petition filed by Tetranee Kepple, P.E. of Kepple Engineering, Inc. representing Eisa and
Edward Reddish with respect to the property hereinafter described as:
Exhibit "B' which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "14" of Section 2.2.16.3 of the "I" Industrial
Zoning Disuict for Refuse and Recycling in accordance with the Conceptual Master Plan (Exhibit "C")
and subject to the following conditions:
Exhibit "D" which is attached hereto and incorporated by reference herein.
BE IT FURTHER RESOL~ that this Reaolution be recorded in the minutcs of this Board.
This Re~lution adopted after modork ~c,c,,-,d ~ majority vote.
Done~, /~ d~,of~ 1999.
BOARD OF ZONING APPEALS
COC~m~ countrY, ~O~mA
-2-
III IIIIIIIII
FINDING OF FACT
COUNTY PI~]NING COMMISSION
FOR
CONDITIONAr~ USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the Land Development Code and Growth
Management Plans
Yes ~ No
Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress a egress
Yes~ No
Affects neighboring properties in relation to noise,
re, economic or odor effects:
No affect or Affect mitigated by
__Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the distri~
Compatible use nwidistrict
Yes No
Based on the above findings, this conditional use should, with
stipulation~ ~C. gP~ attached) (should not) be reco. 3~or
DATE: ~
EXHIBIT "A"
176
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the-Land Development Code and
Growth Management ~n:
Yes No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e~Fress
Yes ~'No__
Affects neighboring properties in relation to noise,
glareF'economic or odor effects:
.. ~No affect or Affect mitigated by
Affect cannot be mitigated
De
Compatibility with adjacent properties and other
property in the district:
Compatible use,within district
Yes ~' No
Based on the above findings, this conditional use should, with
sttpulations{..(~c~o~ attached) ~ be recommended for
appr.oval ___~__~_~. .
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Ae
Consistency with the-Land Development Code and
Growth Management Plan:
Yes [// No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes -~/ No__
Ce
Affects neighboring properties in relation to noise,
glare, economic or odor effects:
t/No affect or__Affect mitigated by
__Affect cannot be mitigated
De
Com~atibility with adjacent properties and other
property in the district:
Com~atible use w~thin district
Yes~No
Based on the above findings, this conditional use shoulj~, with
stipulations,attached reco e e for
DA~: ....
FINDING OF FACT
BY
COLLIER COUNTY PI~N'NING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not a~versely affect other property
or uses in the same district or neighborhood because of:
Ae
Consistency with the Land Development Code and
Growth Management P~n:
Yes No
Be
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & e9ress
Yes~No__
Affects neighboring properties in relation to noise,
, economic or odor effects:
No affect or__Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible u~e.~thin district
Yes ~ , No ,,
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
I?G
FINDING OF FACT
BY
COLLIER COUNTY PIJUPNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with the-Land Development Code and
Growth Management Plan:
Yes ,.,-'No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &.e g re_So
Yes , ~ No
Affects neighboring properties in relation to noise,
glare,~economic or odor effects:
_/-'No affect or Affect mitigated by
__Affect ca~ot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes
Based on the above findings, th_i]Lf. Olliiitional use should, with
appr~al .
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
p~blic interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
As
Consistency with the-Land Development Code and
Growth Management P~n:
Yes No
Be
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes ~/ No
Ce
Affects neighboring properties in relation to noise,
gl/a/~, economic or odor effects:
No affect or Affect mitigated by
Affect ca~n6t be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use ~ithin district
Yes ~No__
stipulations, (copy attached) (should not)~~ for
approval , ·
Based on the above findings, this conditional use should, with
176
F1~NDING OF FACT
BY
COI~XER COUNTY PI. ANNING COl~lSSION
FOR
A CONDITION~J~ USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Ae
Consistency with the-,Land Development Code and
Growth Management
Yes ~No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: ~ress
Adequate ingress
Yes ~ No
Ce
Affects neighboring properties in relation to noise,
glad, economic or odor effects:
No affect or Affect mitigated by
__Affect ca'nnot be mitigated
Compatibility with adjacent properties and other
property in the distr~ct:
Compatible us~/~ithin district
Yes _.~__No
Based on the above findings, this conditional use should, with
approval .
II
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-13
The following facts are found:
Section 2.2.16.3.14 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
ae
Ce
Consistency with the.lg~nd Development Code and
Growth Management p1/h:
Yes_~/___No
Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress
Yes F'No__
Affects.~jhboring properties in relation to noise,
glare, economic or odor effects:
~ No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the districts
Compatible use w~district
Yes
Based on the above findings, this conditional use~ sh/~~, with
approval ~~M ~.
DA~: ~
LEGAL DESCRIPTION
(A~ Furnish~l)
The West % o£ the South % of the North 658.60 feet of
the Sou~h 2005.80 feet of the West % of the West % of
the Eest ~ of the Northvest ~ of Section 35, Tovnship
49 South, Range 25 F~et, Collier County, Florida~ less
the Sou~h 30 feet theclog vh~ch was prev~ousl~ conveyed
by grantor to ¢ollie~ County by verranty deed recorded
at O.R. Book X592, Page 1755, PubX£c Records of'Collier
County, Flo=lds.
17G
u
Retent;on Area
Interior I.=ndscop;n~ (2,500
Covered
~.= -- Sorting Area ~oo.oo
CONDITIONS OF APPROVAL
fCU-99-13)
The Current Planning Manager may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by the conditional use.
Expansion of uses identified and approved within this conditional use application, or
major changes to the site plan submitted as part of this application, shall require the
submittal of a new conditional use application, and shall comply with all applicable
County Ordinances in effect at the time of submittal, including Division 3.3, Site
Development Plan Review of the Collier County Land Development Code.
Pursuant to Section 2.2.25.11.1 of the Land Development Code, if, during the course of
site clearing, excavation or other consuuction activity an historic or archaeological
artifact is found, nil development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
At the time of Site Development Plan submittal, a copy of the SFWIVlD permit
modification shall be submitted.
At the time of Site Development Plan submittal, partial walls shall be integrated with
the roofed structure to screen the sorting activities from the street and adjacent
Household and horticultural waste are prohibited while all storage bins shall be
covered to prevent rain leakage and runoff.
There shall be no incinerntion or other disposal of material on site.
No outside storage allowed other than the designated storage bins. These bins shall
not exceed a storage height of ! 0 feet.
EXHIBIT "D"
b)
d)